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You are in: News  > SA News






PRETORIA
Prisons slammed over male rapes
Mariette le Roux
Posted Wed, 11 Feb 2004

Homophobia and a lack of training were behind insensitive treatment sometimes meted out to male rape victims in jail, the Jali Commission of Inquiry into prison maladministration heard on Tuesday.

Prison psychological services director Dr Lorinda Bergh testified she found it startling that no policy had been developed to protect homo- and transsexual men in jail.

"There should be no discrimination against any person, but even though that is the policy of the department, we find ourselves in a male-dominated environment, and one that is often homophobic.

"It would be strange to have a person walking around there with breasts and a penis — a person that is actually a male.

"It would not really be understood by the warders or prisoners, and they would find it difficult to interact with that person," she told the commission.

In some countries, Bergh said, homo- and transsexual prisoners were classified as vulnerable to sexual abuse and kept apart from others.

"Would it be correct to say that a transsexual person is in for a hell of a time in prison, to put it mildly?" evidence leader Graham Barlow asked.

"That would be correct," Bergh replied.

She was testifying on claims by former inmate Louis Karp, who claims to have been raped and abused while awaiting trial for car theft in the Pretoria local prison in 2001 and 2002.

He was eventually convicted and given a suspended sentence.

Karp, who prefers to be called Louisa and regards himself as a woman, has complained to the commission about the manner in which he was treated by the department after laying a rape charge.

Rape measures inadequate

Earlier on Tuesday, prison doctor Kobeli Khomari admitted that measures to deal with rape among inmates were inadequate, even though the phenomenon was "very common".

He agreed there were inadequate support structures, and that this amounted to a callous disregard for the rights of victims.

Khomari, a part-time doctor at the prison, told the commission it was not unusual for a rape victim to be examined only a day later. This often resulted in evidence being lost.

Khomari also conceded that rape claims very rarely reached court and said rape victims were not referred for psychological help as a matter of course.

Karp claimed the doctor examined him for all of eight seconds, spoke only two sentences to him, and failed to counsel him on the need for an HIV test and the availability of antiretroviral drugs.

Khomari admitted failing to counsel Karp or to enquire about his mental well-being. He conceded this amounted to "an enormous lapse of professional duty".

Bergh expressed alarm at the fact that Karp was not referred to a psychologist, that he was only physically examined the day after the alleged rape, and that he was then sent back to the same section of the prison as his alleged rapist.

“Trauma upon trauma” heaped upon Karp

She agreed with Barlow that "trauma upon trauma" was heaped on Karp, and that this was largely a result of a lack of understanding of male rape.

Bergh said she was shocked at Khomari's evidence, and said the department had failed Karp.

"His safety and human dignity were not ensured."

Former Vlakplaas commander Eugene de Kock arrived at the court in the morning in anticipation of evidence to be led implicating him in an alleged plot to fabricate evidence to discredit Karp.

Last week, Barlow told the commission that De Kock and Pretoria local prison head Nico Baloyi have been named in the alleged plot.

It was alleged, he said at the time, that Baloyi asked a prisoner to give false testimony. This prisoner, a former policeman, was allegedly helping prison warders to draw up false statements.

Barlow declined to name the source of the allegations as he feared for that person's safety. But he indicated the individual was prepared to testify before the commission.

That evidence was expected to be led on Wednesday.

Sapa

Related Articles:
I didn't plot to mislead Jali - prison head

Sex slave claims at Jali Commission


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